Landmark Cases & Topic Guide

Most tested Supreme Court judgments from DHJS 2013–2024 question papers

⚖️ Criminal Law — Must-Know Cases

CaseLaw/SectionPrinciple
Pulukuri Kottaya v. Emperor (1947)S.27 Evidence ActOnly the fact discovered (not the whole statement) is admissible under S.27. Discovery must be from accused in police custody.
Laxman v. State of Maharashtra (2002)Dying Declaration S.32(1)Dying declaration can be sole basis of conviction if it is truthful, voluntary, and consistent. Medical certification preferred but not mandatory.
Gurbaksh Singh Sibbia v. State of Punjab (1980)S.438 CrPC (Anticipatory Bail)Court must apply judicial mind. Blanket order not desirable. Conditions must be reasonable. Granted even in serious offences on merits.
State of Rajasthan v. Balchand (1977)S.437–439 CrPCBail is the rule, jail is the exception. Personal liberty must be respected. Prolonged incarceration without trial is unconstitutional.
Arjun Panditrao Khotkar v. Kailash Kushanrao (2020)S.65B Evidence ActCertificate under S.65B(4) is mandatory for electronic evidence. Can be sought even post-trial. Shafhi Mohammad overruled.
Bachan Singh v. State of Punjab (1980)S.302 IPC — Death PenaltyDeath penalty constitutional. 'Rarest of rare' doctrine — death sentence only when alternative of life imprisonment is unquestionably foreclosed.
State of Maharashtra v. M.H. George (1965)S.34 IPC — Common IntentionCommon intention requires prior meeting of minds. Even if it forms at the spur of the moment — all sharing it are equally liable.
Alakh Alok Srivastava v. UOI (2018)POCSO ActSC took suo motu cognizance of POCSO cases pendency. Special courts must be established. Child-friendly procedures must be followed strictly.
State of Punjab v. Baldev Singh (1999)NDPS Act — S.50Personal search under S.50 NDPS must be in presence of Gazetted Officer/Magistrate. Non-compliance vitiates trial.
Navtej Singh Johar v. UOI (2018)S.377 IPC (struck down)Consensual same-sex relations between adults decriminalized. S.377 to extent of criminalizing consensual acts between adults struck down as unconstitutional.

📜 Civil Law — Must-Know Cases

CaseLaw/SectionPrinciple
Kesavananda Bharati v. State of Kerala (1973)Art.368 — Basic StructureParliament cannot amend the basic structure of the Constitution. 13-judge bench by 7:6 majority. Established 'basic structure doctrine'.
Maneka Gandhi v. Union of India (1978)Art.21Procedure established by law must be fair, just, and reasonable. Art.21 is expansive — not just physical liberty but due process.
Justice K.S. Puttaswamy v. UOI (2017)Art.21 — PrivacyRight to Privacy is a fundamental right under Art.21. 9-judge bench unanimous decision. Overruled M.P. Sharma and Kharak Singh.
National Insurance v. Pranay Sethi (2017)S.166 MV Act — CompensationStructured formula for MACT compensation. Future prospects: 40% addition for below 40 years. Notional income for non-earning housewife: Rs.8,000/month.
Shreya Singhal v. UOI (2015)S.66A IT ActS.66A IT Act struck down as unconstitutional for vagueness and chilling effect on free speech. Significant for IT Act questions in DHJS.
Booz Allen & Hamilton v. SBI Home Finance (2011)Arbitration Act S.8Distinction between arbitrable and non-arbitrable disputes. Rights in rem (like matrimonial rights, probate) not arbitrable. Rights in personam are arbitrable.
Sivasankaran v. Santhimeenal (2021)Art.142 — DivorceSC can grant divorce on ground of irretrievable breakdown using Art.142 even if HMA doesn't recognize it as a ground. Discretionary power.
Kiran Devi v. Bihar State Sunni Wakf Board (2021)S.11 CPC — Res JudicataConstructive res judicata applies to issues that ought to have been but were not raised. Prevents multiple rounds of litigation.

🆕 New Criminal Laws 2023 — High Priority for 2024+ Exams

Bharatiya Nyaya Sanhita (BNS) 2023 — Replacing IPC

  • No longer uses British-era terms: "imprisonment for life" now explicitly means natural life
  • New offence: Organised Crime (S.111) — Syndicate definition, 7 years to life, fine up to Rs.10 lakh
  • New offence: Terrorism (S.113) — Brought into BNS from UAPA, broader definition
  • Petty organised crime (S.112) — Pick-pocketing, card skimming, mobile theft by gangs
  • Sedition removed; replaced by S.152 — acts endangering sovereignty, unity, integrity of India
  • Snatching as separate offence (S.304 BNS)
  • Community service as punishment introduced for first time

Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 — Replacing CrPC

  • Zero FIR: Can be filed at any police station; must be transferred within 15 days
  • E-FIR: FIR can be filed electronically
  • Forensic investigation mandatory for offences punishable with 7+ years
  • Audio-video recording of statements and search/seizure operations
  • Organised Crime Special Courts established
  • Timelines for trials: Sessions 3 years, Magistrate 1 year maximum
  • Police custody (remand) up to 90 days if half period expired in custody already

Bharatiya Sakshya Adhiniyam (BSA) 2023 — Replacing Indian Evidence Act

  • Electronic records explicitly included as primary evidence (removing need for separate S.65B certificate in most cases)
  • Electronic/digital records: S.57 and S.58 BSA
  • Oral, documentary, and electronic evidence — three categories maintained
  • Joint trial provisions strengthened
  • Secondary evidence admissibility conditions updated

📌 Most Repeated Sections in DHJS MCQs

CrPC (Appear Every Year)

  • S.154 (FIR), S.161 (witness statement)
  • S.167 (default bail), S.437–439 (bail)
  • S.190 (cognizance), S.197 (sanction)
  • S.313 (accused examination)
  • S.397–401 (revision), S.482 (inherent)

Evidence Act (Appear Every Year)

  • S.6 (res gestae), S.27 (discovery)
  • S.32 (dying declaration)
  • S.45 (expert opinion)
  • S.65B (electronic records)
  • S.101–113B (burden & presumptions)

CPC (Appear Every Year)

  • S.9 (civil court jurisdiction)
  • S.11 (res judicata)
  • S.96, S.100 (appeals)
  • Order VII Rule 11 (plaint rejection)
  • Order XXXIX (injunctions)

Constitutional (Appear Every Year)

  • Art.14 (equality, reasonable classification)
  • Art.19 (freedoms + reasonable restrictions)
  • Art.21 (life and liberty, expanded scope)
  • Art.32 vs Art.226 (writ jurisdictions)
  • Art.368 (amendment procedure, basic structure)
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